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2025 DAILYLAW 35904 (ALL)

MOHD HASAN v. STATE OF U.P.

BAIL/10880/2025 · 2025-04-23

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63253 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10880 of 2025 Applicant :- Mohd Hasan Opposite Party :- State of U.P. Counsel for Applicant :- Satish Sharma,Shashank Pathak Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record. 2. Learned counsel for the applicant submits that in the instant case, initially the applicant-accused was granted bail and he was continuously appearing before the trial court, thereafter due to lack of communication by his local counsel, the applicant could not appear before the trial Court as a result of which non-bailable warrant was issued against. Learned counsel further that as soon as the applicant came to know about issuance of process against him, the applicant surrendered before the trial court on 12.12.2024 and since then he is languishing in jail. He further submits that the applicant had not deliberately absconded from the judicial proceedings and undertakes that he shall not repeat the same in future. Lastly, it was submitted that the applicant is in judicial custody since 12.12.2024 and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail. 3. Learned A.G.A. has opposed the prayer for bail. 4. Considering the submissions of learned counsel for the parties, facts of the case, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed. 5. Let the applicant Mohd. Hasan involved in Sessions Trial No. 01 of 2025 arising out of Case Crime No.181 of 2000 under Section 216 (A) I.P.C. Police Station Meja, District Prayagranj, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 7. Bail application is, accordingly allowed. Order Date :- 24.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad